The Visual Art Academy
By accessing this web site The Visual Art Academy, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
In no event shall The Visual Art Academy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Visual Art Academy’s Internet site, even if The Visual Art Academy or a The Visual Art Academy authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on The Visual Art Academy’s web site could include technical, typographical, or photographic errors. The Visual Art Academy does not warrant that any of the materials on its web site are accurate, complete, or current. The Visual Art Academy may make changes to the materials contained on its web site at any time without notice. The Visual Art Academy does not, however, make any commitment to update the materials.
The Visual Art Academy has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Visual Art Academy of the site. Use of any such linked web site is at the user’s own risk.
Any claim relating to The Visual Art Academy’s web site shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy. You cannot order and then ask for a refund straight away. Within minutes of ordering, you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ – you get all of it right away. There is no undoing that once you access the Visual Art Academy Members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products.
If you are dissatisfied with your purchase for any reason, you will be able to cancel any future payments as long as you do so at least 72 hours prior to the payment processing date. We cannot guarantee your cancellation request will be processed in time if it occurs within 72 hours of the billing date. The billing process is automated, but the cancellation process must be handled manually.
There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective on the last day of the customer’s billing cycle.
If you decide to join the Visual Art Academy Community again at a later time, you will be charged the current membership rate, regardless of any special offers or discounts you received in the past.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the Visual Art Academy course and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Brenda Mullard or other authorized parties upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be the property of Brenda Mullard or its content suppliers and is protected by applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Brenda Mullard. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. The Visual Art Academy is the trademark or registered trademark of Brenda Mullard. Other product and company names mentioned on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty-free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use. Brenda Mullard grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Brenda Mullard. Brenda Mullard may terminate your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Brenda Mullard’s prior express written consent.
(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not:
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to The Visual Art Academy Program. You may not use The Visual Art Academy Program to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults and adult supervised use of individuals under the age of 18. This website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold Brenda Mullard and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way by The Visual Art Academy and Brenda Mullard. This includes but is not limited to promotional activities, advertisements, testimonials, etc.
(g) I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly, quarterly, or yearly). I understand that I will be charged each period on the same day that I signed up (or within 48 hours before or after the date depending on processing). Example: If I signed up on the 15th of May, I will be charged again on the 15th of June, the 15th of July, and so on until I cancel my membership.
(h) Cancellations. I understand that I can cancel my membership at any time. I understand that cancellations MUST be made within 72 hours of my renewal date to take effect for the next pay period. I understand if I do not cancel within 72 hours of my renewal, I am not guaranteed the next payment will be prevented. It is my sole responsibility to make sure when I cancel it is within 72 hours of my renewal. I understand that there are no partial period refunds and that cancellations will take effect during the next payment period. The first payment is nonrefundable. Repeat: NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy. You cannot order and then ask for a refund straight away. Within minutes of ordering, you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership you are agreeing to these terms and conditions. To cancel, go the members area and cancel your membership, then email your request to cancel to firstname.lastname@example.org within 72 hours of your renewal date. NOTE: Cancellations near major holidays are excluded from the 72-hour window. You must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Year’s Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups.
The Visual Art Academy is pleased to present Kids Art Camps and the software applications which relate to the Websites and which are provided for use on mobile devices (the “Applications” and, together with the Websites, the “Portal”).
The Portal is intended to serve as an online learning environment through which registered users (“Users”) may subscribe to access courses of video lectures (“Courses”) and associated study materials and background materials. The Portal will also serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users.
Notwithstanding the foregoing, The Visual Art Academy grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Visual Art Academy reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, including account names, from the Portal, nor to use the communication systems provided by the Portal for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Portal.
You acknowledge that the terms of agreement with your mobile network provider (“Mobile Provider”) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
The Visual Art Academy does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. The Visual Art Academy will not be responsible for any support or maintenance for Applications.
In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internetaccess, and certain minimum specifications which are specified in the Application itself.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to email@example.com
YOU AGREE THAT YOUR USE OF THE PORTAL SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THRIVE AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS AND TEACHING ASSISTANTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE PORTAL AND YOUR USE THEREOF. NEITHER THRIVE NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PORTAL, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THE PORTAL AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PORTAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PORTAL, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL. THRIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE VISUAL ART ACADEMY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL THRIVE OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE PORTAL, INCLUDING, WITHOUT LIMITATION, THE CATEGORIES OF LIABILITY DESCRIBED IN SECTION 6, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THRIVE AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR USER SUBMISSIONS, INSTRUCTOR SUBMISSIONS OR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Portal is controlled and offered by The Visual Art Academy from its facilities in the United States of America. The Visual Art Academy makes no representations that the Portal is appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Visual Art Academy may terminate your payment, Art Camp Use or membership, delete your account and any User Submission that you have posted on the Portal and/or prohibit you from using or accessing the Portal (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Portal, your obligations hereunder shall survive indefinitely.